New Zealand has a prospering market with industries competing with new services and products. It is critical to be inventive and create something that can cause a market disturbance. If you do create a unique invention, it is important to protect it by getting a patent subsequently it is your intellectual possession.
To understand the patent registration process in New Zealand, let us have a look.
New Zealand tracks a first-to-file system and keeping that in mind you have to file first to confirm your creation gets a patent before someone else can come up with an alike invention. To register a patent in New Zealand, the applicant can apply online through Patents | Intellectual Property Office of New Zealand (iponz.govt.nz).
A utility patent and design patent are some of the different types of patents in New Zealand. Before attaining a patent, there are several necessities that you must comprehend:
The development/invention is a patentable topic: Not everything that you wish a patent for is accessible for licensing. Patentable developments/creations include machines, toys, clinical gadgets, apparatuses, and new assembling measures, drugs, programming mechanical techniques, business strategies, or organic material.
Novelty: Nothing that is presently obtainable in the market can be licensed. For a patent, it has to be something that has not been common. Applying to this case, it is tried for Novelty.
Utility: Whatever the creation is, it has to be practical and should be useful universally for the population. The utility need will fail if it flops to do what it is entitled to do.
Numerous discoveries are not competent for a patent, and these include models or numerical calculations, cycles or mental ideas, imaginative manifestations, plans, speculations or standards, plant varieties, treatments of humans and animals, computer programs, and patents that go contrary to community interest.
There are two types of patents:
Design Patent: With this patent, you can protect the overall shape and design of your creation. The design patent document mostly contains pictures, illustrations, or sketches of the project of the creation.
Patents, like everything else in the world, are complicated. To understand the varieties of patents and the various reasons for rejection, you must search presently registered patents. If you are inexperienced and new, it is suggested to use a patent search service by a registered attorney.
The application has several elements which cannot be missed, if any of them is missed then a notice may be sent to the applicant to complete the application.
The term for filing a patent application in New Zealand claiming conventional priority is 12-15 months from the priority date.
The application requirements are:
Description of the invention: To describe the invention as well as send descriptions, claims, and drawings.
A statement of inventorship is also important because it verifies you are the inventor or not, whether you are applying on the behalf of a company.
The statement also provides the Intellectual Property Office (IPO) with more data about the inventor and his right for applying for a patent.
In New Zealand, patent applications are subjected to formal and substantive assessments. The substantive examination must be demanded, and the official fee must be paid within three years from the filing date in New Zealand. If the request is not filed and/or the examination fee is not paid in due time, the applicant will have some time from the announcement by the Office to request the examination and pay the fee together with the surcharge.
If there is an issue with the application or the examiner requires additional paperwork, the applicant is notified and given enough time to respond. If you do not respond, your application will be rejected.
The application is published in the Registry if it is accepted and no official action is taken, or if all of the questions are answered correctly.
Any party can file an opposition during the time of publication but within a specified time. If an opposition is filed, the applicant is given time to answer consequently. If the applicant fails to respond, the application may be unrestrained.
In case of no opposition or if any opposition is resolved, the patent is granted and a notice is sent to the applicant.
The entire patent process in New Zealand takes around 2-3 years from the date of examination request.
Depending upon complications and validities involved, the cost varies. The cost of obtaining a patent in New Zealand is approximately $500, but can increase upwards to $3000.
A patent in New Zealand lasts for 20 years from the date of filing. A grant fee for patent registration in New Zealand is due within some months from the Notice of Allowance.
Maintenance fees are paid in advance, on or before the filing date’s anniversary. On request, a 6-month grace period can be granted, but a late payment cost must be paid.
Businesses must be alert of the extent to which a patent protects the owner’s invention (s). It aids in the creation of validity and exclusiveness.
At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Patent registration in New Zealand doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs.
*What to do? How to do it? When to do it? Will it work?*
If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!